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Patna High Court

MOTI SINGH @ RAJENDRA SINGHversusSTATE OF BIHAR

Decided
Disposal
ABATED

Holding

The appeal stands abated and is disposed of under Section 394 CrPC (Section 435 Bharatiya Nagarik Suraksha Sanhita, 2023) due to the appellant's death and no application by a near relative.

Summary

The appellant, Moti Singh, filed a criminal appeal (DB) No.706 of 2002 before the Patna High Court. During the pendency of the appeal, the appellant died, as confirmed by a police letter and a death certificate. The court examined Section 394 of the Code of Criminal Procedure, 1973 (corresponding to Section 435 of the Bharatiya Nagarik Suraksha Sanhita, 2023), which provides for abatement of proceedings upon the death of a party unless a near relative applies to continue. No near relative filed such an application. Consequently, the court held that the appeal stands abated and ordered its disposal, directing the trial court record to be sent back.

Issues considered

  • Whether a criminal appeal can continue after the death of the appellant in the absence of an application by a near relative.

Legislation cited

Subjects

  • criminal appeal
  • abatement
  • death of appellant
  • Section 394 CrPC
  • procedural law

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                CRIMINAL APPEAL (DB) No.706 of 2002
                 ======================================================
                 Moti Singh @ Rajendra Singh, Son of Mahanand Singh, Resident of Village-
                 Mahatwania, P.S.- Udwant Nagar, Dist.- Bhojpur, Ara.

                                                                          ... ... Appellant/s
                                                  Versus
                 The State of Bihar

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Appellant/s    :     Mr. Md. Helal Ahmad, Adv.
                 For the Respondent/s   :     Mr. APP
                 ======================================================
                 CORAM: HONOURABLE THE CHIEF JUSTICE
                         and
                         HONOURABLE MR. JUSTICE HARISH KUMAR
                                       ORAL ORDER

                 (Per: HONOURABLE THE CHIEF JUSTICE)

8   11-05-2026                 Perused the Letter No. 1042 dated 03.05.2026 of the

                   Superintendent of Police, Bhojpur at Ara along with the Report

                   dated 28.04.2026 of the S.H.O., Udwant Nagar Police Station as

                   well as the Certificate of Death dated 28.04.2026 of the

                   Mukhiya of Gram Panchayat, Asni, Block- Udwant Nagar,

                   Dist.- Bhojpur; wherein it is indicated that the sole appellant,

                   namely, Moti Singh @ Rajendra Singh, is dead.

                               2. In view of the said letter as also Section 394 of the

                   Code of Criminal Procedure, 1973, which corresponds to

                   Section 435 of the Bharatiya Nagarik Suraksha Sanhita, 2023,

                   since no near relative has filed any application for leave to

                   continue the appeal, the Criminal Appeal stands abated and

                   disposed of.
            Patna High Court CR. APP (DB) No.706 of 2002(8) dt.11-05-2026
                                                        2/2




                                   3. Let the trial court record be sent back to the

                      concerned court immediately, if not required in any other cases.



                                           (Sangam Kumar Sahoo, CJ)



                                                  (Harish Kumar, J)
shivank/-

U      T


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